Gronk committed deliberate, intentional, and defenseless criminal assault with his metal elbow brace

[Bangarang]

9 minutes ago, HappyDays said:

 

Wrong. In court anything can be considered a deadly weapon. I don’t think some of you guys understand how dangerous this hit was. It was not just a late hit or incidental contact during a football play. He threw his full body weight onto a player’s head while leading with a metal brace. That’s a crime. It doesn’t matter if they’re playing a game.

 

No, not wrong. We are talking about charging him with the crime of assault with a deadly weapon which wouldn’t happen because an elbow brace isn’t a deadly weapon according to the law. You can try calling it whatever you want in court but if he were charged by the police it wouldn’t be for using a deadly weapon.

 

its a moot point anyway because the idea of trying to charge him with a crime is silly.

Edited December 4, 2017 by Bangarang

[yungmack]

2 hours ago, Wayne Arnold said:

Except they are willing participants expecting violent attacks.

[Gugny]

4 minutes ago, Wayne Arnold said:

 

Agreed. Which is why he shouldn't have his career taken away, just suspended for a significant amount of time.

 

It's his first unnecessary roughness penalty since 2014 and the 2nd of his entire career.

 

https://www.pro-football-reference.com/players/G/GronRo00/penalties

 

Edited December 4, 2017 by Gugny

[Sammy Watkins' Rib]

1 minute ago, corta765 said:

I've said repeatedly Gronks play was stupid and dangerous. I do not believe it was done with intent to injure however, I do believe he wanted to hit him because he was pissed off. 

 

I don't even think intent to injure or not even matters. Just can't have a bozo like that out on the field. Burfcit shouldn't even be in the league anymore. League has some series issues they need to clean up.

[corta765]

9 minutes ago, HappyDays said:

 

This shows your extreme ignorance of the legal system. Quit while you’re ahead.

 

Funny because I have seen hits during plays while a game is occurring that are deliberate and malicious which did bring it far more severe action.

[Paulus]

 

That guy got a criminal charge, no?

 

The incident resulted in injuries so severe that they ended Moore's professional hockey career, and they also resulted in criminal assault charges against Bertuzzi. A civil lawsuit was also launched against Bertuzzi and his team, the Canucks. Later, on August 19, 2014, it was reported the civil trial ended with all parties agreeing to a confidential settlement. -wiki

Edited December 4, 2017 by Paulus

[Wayne Arnold]

1 minute ago, Gugny said:

 

It's his first unnecessary roughness penalty since 2014 and the 2nd of his entire career.

 

https://www.pro-football-reference.com/players/G/GronRo00/penalties

 

 

Not sure what your point is. No matter how egregious an act, as long as it's your first time you should be okay?

[fridge]

2 hours ago, Wayne Arnold said:

 

Preston Brown should have ruined him instead of crying to the ref.

[yungmack]

1 hour ago, Doc said:

 

Oh, he will be. 

I believe the officials should also be suspended or even fired.

[corta765]

1 minute ago, Paulus said:

 

That guy got a criminal charge, no?

 

Correct because it was a deliberate hit that was premeditated by a previous incident the NHL bff'd badly.

[Gugny]

Just now, Wayne Arnold said:

 

Not sure what your point is. No matter how egregious an act, as long as it's your first time you should be okay?

 

Yes, that's my point.  Even though I agreed with Royale that he should be suspended for the rest of the regular season.

[mannc]

4 minutes ago, corta765 said:

 

 

I've said repeatedly Gronks play was stupid and dangerous. I do not believe it was done with intent to injure however, I do believe he wanted to hit him because he was pissed off he even said as much after.. That doesn't matter because the outcome took our guy out and he should be suspended 3-5 games. Burfict's hit on Brown could've killed or broke his neck and his track record says as much that he is a straight thug when he plays.

How did you reach this conclusion?  We don't have to read peoples' minds; intent is inferred from their actions.  If I punch someone in the face, the law will correctly presume that I intended to injure him.

 

You don't think Gronkowski's hit could have done the same to White? 

[fridge]

1 minute ago, corta765 said:

 

Correct because it was a deliberate hit that was premeditated by a previous incident the NHL bff'd badly.

 

It also ended that guys career.

[Paulus]

Just now, corta765 said:

 

Correct because it was a deliberate hit that was premeditated by a previous incident the NHL bff'd badly.

Lmao, what a load of crap. It was because it happened maliciously and outside the scope of the game. 

[Royale with Cheese]

3 minutes ago, Paulus said:

 

That guy got a criminal charge, no?

 

I believe Moore was unconscious on the ice for 10 minutes and suffered a broken neck....never played again.

I bit more serious than White.

[Dorkington]

1 minute ago, fridge said:

 

Preston Brown should have ruined him instead of crying to the ref.

As it is Hughes got in trouble for verbalizing something to the ref, so it's for the best that our players didn't physically respond. 

[folz]

2 minutes ago, Bangarang said:

 

No, not wrong. We are talking about charging him with the crime of assault with a deadly weapon which wouldn’t happen because an elbow brace isn’t a deadly weapon according to the law. You can try calling it whatever you want in court but if he were charged by the police it wouldn’t be for using a deadly weapon.

 

From what I can find in a quick Google search, each state has their own laws on what a deadly weapon is and will usually list such weapons (firearms, knives, brass knuckles, etc.).

However, people have been charged with assault with a deadly weapon from things like shopping carts and a frozen fish. Every state is different, but it appears (as has happened in a number of cases), if the alleged weapon is not on the state's list, it is up to the jury to decide if it was indeed wielded as a deadly weapon. So, in one case an elbow brace might be ruled out as a deadly weapon, but in another case, a jury may decide that it was indeed used as a lethal weapon and can convict as such.

 

Any lawyers on this board who can clarify?

[fridge]

Just now, Dorkington said:

As it is Hughes got in trouble for verbalizing something to the ref, so it's for the best that our players didn't physically respond. 

 

I could care less about a 15 yard penalty with the game over.  "As it is" the refs found a way penalize us more than them after that anyways.

[RoyBatty is alive]

13 minutes ago, Gugny said:

 

As it should.

 

What Gronk did does not compare.  Not even in the same universe.

She was got cold cocked in the head by a fist, Gronk elbowed they guy on the ground in the head with a metal brace, yes i think they are in the same universe.  Both were defenseless.  Difference is she was a female, he was an athlete with some protective gear.  I dont think you would have that sentiment if Gronk broke his beck and paralyzed him

[The Frankish Reich]

2 hours ago, Gugny said:

 

And so would every boxer and MMA fighter.  Stupid analogy.

No, it's not stupid at all. The correct analogy would be this: MMA fighter, after a round is clearly over, picks up a folding chair and strikes his opponent with it, WWE style. That is clearly outside the scope of the game/rules.  Criminal liability is a stretch, but of course that's fact dependent. If a full minute had passed and Gronk went after Tre with the metal elbow brace on the sidelines, it would be pretty clear cut. So it's in a gray area that would be very unlikely to result in prosecution, since the prosecutor would have to prove intent to inflict a late hit rather than confusion about when the play ended (and with a reasonable doubt standard). Civil liability is also a possibility. The only thing that stops that from happening is a Tre type victim is hesitant to sue an opponent since that would be frowned upon by everyone in the NFL world, including the league, ownership, teammates, and even the union. But there's no legal impediment to suing that I'm aware of. Again, it would be a question of proof. 

Unlikely though it is, we also can't discount the possibility that a Patriot (or other visiting team) hating publicity seeking DA might someday go the criminal route. Again, I see nothing that would stop it. It's workplace violence, just in an unusual workplace ....